| Driving under the influence of drugs/and or alcohol is | | | | has read you Miranda, at which point you should ask |
| one of the most common crimes committed and | | | | for an attorney anyway and invoke your right to |
| prosecuted in the state of Washington. It is a crime | | | | silence). Unless you are completely sober there is no |
| that affects people of all walks of life, of all | | | | reason to take a field sobriety test - all these do is |
| professions, and of all backgrounds, and it can be a | | | | give the prosecutor more evidence to use against you |
| very trying process. I am hoping that if you are reading | | | | at trial. |
| this you or a close friend or family member have been | | | | Up to this point, you have been pulled over by a police |
| charged with only their first Washington DUI. Whether | | | | officer, have been asked to step out of the car, and |
| in Seattle, Kirkland, Bellevue, Tacoma, or any other | | | | hopefully have said little and done nothing else. At this |
| Washington city, the process for dealing with a DUI | | | | point the cop has to make a tough decision. He either |
| charge is pretty much the same. And before I get into | | | | has to arrest you for driving under the influence or let |
| this, please understand that this is not legal advice, and | | | | you go. The problem arises for the officer because he |
| should not be construed as legal advice. If you have | | | | shouldn't have a lot of information to base his decision |
| legal questions regarding a Washington State DUI, | | | | on (this is assuming you aren't falling over drunk, in |
| please consult an attorney. | | | | which case you deserve what you get). He needs to |
| Almost all driving while intoxicated cases begin with a | | | | have probable cause to arrest you, and without that, |
| traffic stop. Most of the time the a police officer | | | | everything else done after can fall apart. But don't hold |
| witnesses a driver driving erratically, swerving, crossing | | | | your breath, he is going to arrest you. |
| the yellow line, or even swerving in their own lane (yes, | | | | After being arrested, the police will read you your |
| believe it or not, courts have decided that swerving in | | | | Miranda Rights. At this point you have one very |
| your own land, not crossing any lines, may arouse | | | | important thing to do - ask to speak with an attorney |
| enough suspicion for a cop to pull you over to | | | | immediately. In Washington, DUI's are seen, correctly, |
| investigate). But it can also occur because a traffic | | | | as crimes whose evidence is gathered quickly and lost |
| violation has occurred. Most of the time these are | | | | just as quickly (the alcohol in your system). Because of |
| what I call "bad luck" traffic violations, and they include | | | | this, the Washington State Supreme Court has ruled |
| having your license plate light out, having expired | | | | that having an attorney immediately, if requested, is the |
| license tabs, failing to use a turn signal, or exceeding | | | | only way to ensure your rights are protected. |
| the speed limit by less than 10 miles. I call these "bad | | | | Attorney's from the public defender's office are on call |
| luck" violations because you typically wouldn't be pulled | | | | to accept inquiries after business hours, so no matter |
| over for them. It is only your bad luck that a police | | | | what time of the day or night, ask for an attorney, and |
| officer wandered behind you after you (allegedly) have | | | | actually speak to them. The information they give you |
| had to much to drink. | | | | will be invaluable. |
| Once you have been pulled over by the cop, then the | | | | After this comes the implied consent notification and |
| important stuff begins. First, the cop at this point has no | | | | your request to take the breath test. Some people |
| idea that you are driving drunk. At this point all you can | | | | suggest that you should always refuse the breath test, |
| do is give him a laundry list of reasons why he should | | | | but I tend to disagree for a couple of reasons. First, |
| arrest you, so shut up! When the cop approaches he | | | | you are guaranteed to lose your license for a year (by |
| will probably ask for your license and registration and | | | | driving in Washington you impliedly consent to a breath |
| ask why you think he pulled you over. Resist the urge | | | | test - you can refuse but have to deal with the |
| to talk. Hand him the documents, and quickly explain | | | | penalty), whereas with a breath test it's only 90 days |
| that you have don't know why he pulled you over. | | | | for your first offense (and there is a new rule with |
| Here the police officer is going to try to get you to talk | | | | interlock ignition devices, so you may not lose your |
| - he needs to be able to point to certain cues all | | | | ability to drive at all). Second, the breath test can be |
| officers look for so he can cite them in his DUI arrest | | | | beat, if you really need to. Good DUI lawyers know the |
| report (glassy eyes, slurred speech, smell of alcohol). If | | | | weaknesses of the tests, and can point all of those |
| he begins asking you questions, you can and should tell | | | | out at trial. I'm not saying you can beat it all the time, I'm |
| the officer that you do not wish to speak to him (and | | | | just saying there are flaws in the test that at times can |
| make up an excuse why you are in a hurry to get | | | | equal reasonable doubt. And third, a refusal can be |
| home - being tired is a great one because it explains | | | | used against you at court. Of course, you could come |
| some of the symptoms of drunk driving, glassy | | | | up with a good excuse for refusing (and if you are |
| bloodshot eyes in particular). You have the right to | | | | wasted it might be something to think about, as the |
| remain silent and do not have to answer any of the | | | | punishment for having a breath test over .15 is |
| officer's questions if you don't want to. | | | | harsher), for example, the lack of credibility of the test, |
| Let's assume now that the cop thinks you've been | | | | but it doesn't look that good in court. |
| driving drunk. The next thing he is going to do is ask | | | | After all of this, you will probably be issued a citation |
| you to get out of the car and take some field sobriety | | | | for drunk driving and be released to appear at your |
| tests. Don't do it! You have the right to refuse to take | | | | court date, usually scheduled within the next 1-2 days. |
| field sobriety tests in the State of Washington and it | | | | And notice I didn't say anything about your breath test. |
| cannot be used against you. The protection against | | | | That's because it doesn't matter. Even if you blow .00 |
| illegal search and seizures in Washington includes field | | | | you could still be charged with driving under the |
| sobriety tests and even any questions answered at | | | | influence. So just know that if you make it that far and |
| this point that might be incriminating (unless the officer | | | | you think you're getting out, you might not be. |